Oregon Advisory Opinions July 19, 1968: OAG 68-108 (July 19, 1968)
Collection: Oregon Attorney General Opinions
Docket: OAG 68-108
Date: July 19, 1968
Advisory Opinion Text
OAG 68-108.
You state as follows:
"Candidates for the two newly created judicial positions in the State of Oregon which will come into being on July 1, 1968, have been in this office asking specifically the number of signatures required on an individual nominating petition.
"In the past this office has advised non-partisan judicial candidates who are attempting to perfect petitions of nomination to fill a vacancy or to file for a newly created position, both of which occur between the primary and general elections, that the instructions contained in ORS 252.060 are clear and controlling.
"Generally, ORS 252.060 tells me that the procedure to be followed shall be the same as provided for in the case of a nomination of an independent candidate. These procedures are contained in ORS 249.710 et seq.
"Specifically, we find in ORS 249.740, the base of the signatures and the percentage required for individual nominating petitions."
You then ask:
"'Does ORS 249.740 control the number of signatures required or do the provisions contained in ORS 252.810 control the number of signatures required on an individual nominating petition in the case of a non-partisan judicial candidate who files such a petition between the primary and general elections?'"
With respect to vacancies in judicial positions which occur after the date of primary elections but prior to a general election, ORS 252.060 provides in part:
The "manner provided for the nomination of independent candidates" referred to in ORS 252.060, supra, is found in ORS 249.710 to 249.860. Opinions of the Attorney General, 1962-1964, p. 486."If a candidate nominated under the provisions of ORS 252.020 to 252.050 dies, withdraws or becomes ineligible, or if a vacancy occurs by death, resignation or otherwise in the office of judge of any of the courts enumerated in ORS 252.010 on or after the day set for holding primary elections, * * * candidates for such judicial office shall be nominated in the manner provided for the nomination of independent candidates. * * * "
These statutes provide for nomination of candidates either by an assembly of electors or by petition. The requisites for a petition for nomination of an independent candidate are set forth in ORS 249.740, which provides in part as follows:
"(1) Certificates of nomination made by individual registered electors shall contain a number of signatures of registered electors equal to a percentage of the vote cast in the state, county, precinct or other electoral district for which the nomination is made, for candidates for presidential electors at the last general election and based on the office sought, as follows:
"(b) Except as otherwise provided in this subsection, for any office to be voted for in a district composed of one or more counties, a county office or a district office within a county, not less than five percent."
As seen, ORS 252.060 deals with the special situation where a vacancy occurs when it is too late for candidates to be nominated at a primary election.
Aside from this situation, ORS 252.020 generally provides that
"Names of all candidates for the offices of judge of the courts enumerated in ORS 252.010 shall be presented for nomination by individual nominating petitions or by declaration of candidacy and payment of the fees as provided by law, subject, however, to the restrictions and provisions of ORS 252.010 to 252.080." (Emphasis supplied)
Although, as we have noted, ORS 252.020 provides that nomination could be effected by petition, prior to 1961 due to some oversight there was no statutory provision as to the requirements for signatures on a nominating petition.
In 1961 ORS 252.810 was enacted. It is provided in subsection (2) thereof:
"If a petition for nomination is for an office to be voted for in a district composed of one or more counties, a county office, a district or precinct office within a county or a city office, the petition shall have attached to it a sheet or sheets containing the signatures of at least a number of registered electors equal to two percent of the vote cast in the district for the candidate for Judge of the Supreme Court who received the highest vote at the last general election, or at least 500 of such registered electors, whichever number is the lesser. If the office is one to be voted for in a district composed of more than one county, the signatures shall include these of registered electors residing in each of at least one-eighth of the precinets in each of at least two counties in the district. If the office is one to be voted for in only one county, a district within a county or a city, the signatures shall include those of registered electors residing in each of at least one-fifth of the precincts in the county, district or city."
The question thus arises whether the petition provisions of ORS 252.810, supra, enacted in 1961, would control
in the case of a vacancy arising after the primary election, or was it intended only to provide the theretofore missing requirements for "individual nominating petitions" as mentioned in ORS 252.020 for regular candidacies for the primary election.
ORS 252.810 was introduced in the 1961 session of the Legislative Assembly as Senate Bill 122 and was designated as being introduced "at the request of the Elections Division, Department of State." The minutes of the Senate Committee on Elections for February 10, 1961, refer to Senate Bill 122 as follows:
"SB No. 122 was considered. This bill would provide a signature basis and formula for determining the number of signatures required on the nonpartisan petition of nomination. There is a gap or omission in the present ORS. * * * " (Emphasis supplied)
Minutes of the House Committee on Elections and Reapportionment for March 6, 1961, show that the director of elections appeared before the committee which was then considering Senses Bill 122 and it was recorded that the director
" * * * said that as the statute now is, we have a gap relating to the circulating of petitions for nonpartisan offices. The way the law now is, the declaration is the only way a name may be placed on the ballot, for these offices. The attorney general sighted [sic] that there was no such provision but there should be, for a petition method, as well as by declaration. We feel this bill is necessary for the general administration of the election laws." (Emphasis supplied)
The Oregon Supreme Court has said, regarding statutory
construction:
" * * * In addition to such raw material of legislative history as previous drafts of house and senate bills, the courts may consider other written evidence such as committee reports, minority reports, matters of committee meetings and the like. * * * " State ex rel. Appling v. Chase, (1960) 224 Or. 112, 116-117, 355 P.(2d) 631.
"The cardinal rule for the construction of a statute is to ascertain from the language thereof the intent of the law-makers as to what purpose was to be served, or what object was designed to be attained. * * * " Swift & Company and Armour & Company v. Peterson, (1951) 192 Or. 97, 108, 233 P.(2d) 216.
From the minutes above quoted it is manifest that ORS 252.810 was intended to fill the "gap" or "omission" referred to above, and was in no way intended to supersede the very specific provisions of ORS 252.060, supra, which relate to vacancies occurring after the primary election.
In Opinions of the Attorney General, 1962-1964, p. 486, we stated that the method of nomination for a judicial position when a vacancy occurs after the date of the primary election "is found in ORS 249.710 to 249.860." We adhere to this statement of the law.
We conclude, therefore, that the provisions of ORS 249.740 control the number of signatures required for a nominating petition in the case of the two judicial positions which are created effective July 1, 1968.